Skip to main content
Shelter Logo
England

What to do if your mortgage lender starts court action

Deal with court forms

Keep letters and forms that you get from the court and the lender together in a file.

The claim form

The claim form N5 has the date, time and place of the hearing.

Your hearing will usually be 1 to 2 months after you get the claim form.

The particulars of claim

Read form N120 carefully.

It has details about your mortgage and the missed payments.

Make a note if you disagree with anything.

The defence form

Use the defence form N11M to tell the court:

  • how you can repay the arrears

  • if you disagree with anything the lender has said

  • your income, benefits, regular spending and priority debts

Use box 27 on the form to tell the court about any events that have led to your mortgage arrears. For example: divorce, separation, redundancy, bereavement, illness or bankruptcy.

A legal adviser or solicitor can help you with the defence form. They can tell you if:

Return the defence form to the court within 2 weeks if you can.

Go to the hearing even if you have not sent your defence form back.

Last updated: 6 March 2023

If you need to talk to someone, we'll do our best to help

Get help